As I sometimes find when I check out my Flickr statistics, I’ve got a picture with an abnormally high view count and that means only one thing: it’s been posted on another site with a link to mine.
Usually, I am totally thrilled. I love links back to me. I love for people to see my work and that anyone liked it enough to put it up on their own personal space. Good!
And 9 times out of 10, there is a nice caption with my name under it. For, this is the only thing I really ask of someone using one of my photos. I hold the copyright, but I use a Creative Commons license.* I am leaning toward changing everything to a more lenient one, but in any case, the real point of it is the “BY” clause.
You can use my photos without permission as long as you credit me (and I appreciate a link back to Flickr, which all of the people so far, good and bad, do – this is how I find their postings). I’m sure there are people out there who posted them with no link, but it seems that they generally want to not host the image themselves, and also want to post a small version with a link to the gigantic ones (and mine are non-watermarked full-size images). So I find them in my stats.
This is only the second case of someone borrowing an image, placing it on their site with absolutely no credit at all, and totally making me annoyed at 7:30 am in the morning when I see it happening.
The first time, it was an architecture blog and site, which will remain nameless because they rectified the problem after I commented on the photo (there was no other way to contact!) asking for credit or to take the image down. I never heard back, but lo and behold, after a few months someone must have saw the comment because now it has a very nice caption. I get a fair number of hits from this site so it makes me very happy.
Well, now some person on Tumblr has stuck one of my images in their blog, at least with a link back to the original, but with no caption at all. I hate that. But what makes it really bad is that I can see visibly how many people “liked” and shared the post. “Great, others are seeing my work!” Yes, there is this part of it. I’m not the kind of person who wants to hide my stuff unless I personally am showing it. Far from it!
But here’s the thing that really upsets me. The people sharing this post are sharing it as the work of that blogger – at the very best, as an object found by that blogger. They may be sharing it because they like the photo, but the implied attribution stops at the blog itself. I’m thinking big-picture about “authorship” here, as I am wont to do. I have stopped being the author at this point, without an explicit caption marking it as not the blogger’s work, and not as some anonymous, possibly public-domain thing that he or she happened to find. Something pointing out that the hard creative work was not, in fact, looking on the internet and finding something interesting and sharing it, but was rather my finding the scene, situating myself, taking the picture, editing in Aperture, and creating more metadata than you can shake a stick at. (As usual.)
And on top of it? As you can see from the two screenshots below the cut, these are not only being viewed quite a few times, but they’re being shared – ie., reposted as-is on other Tumblr blogs, also with zero attribution.
A reaction that I have gotten in the past to someone lifting my artwork (including selling it on a T-shirt without permission, even though they defended it with “but we’re not making a profit) is that I’m getting bent out of shape over nothing, or that I can’t expect my work not to be stolen and re-used as people see fit because I’ve put it online.
Here is my response to that: Of course I can’t. But that doesn’t make it right, just, or legal, and I don’t give up my rights the minute I upload something. I am well within my moral rights to address this as a problem and to take polite action to correct the situation. We need a lot of calming down these days: We don’t need laws like SOPA and Protect-IP (I am getting nightmares), and I don’t think the DMCA is an appropriate law either, but that doesn’t mean that taking others’ work and reposting it without attribution – or passing it off as your own, or selling it without permission – is okay.
I think we academics know a word that comes quite close to describing all of this: plagiarism. Mixed with copyright infringement. What a fun situation.
Conclusion: The internet is not free for your taking. But the majority of it is, especially from those of us who are rabidly pro-Creative Commons, if you just ask us.
* I toyed once with making all of my photos public domain, but while I’m still alive and while they’re still taken within the past 5 years, I don’t think I can emotionally deal with it yet.